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Articles by Patrick Rodgers
Basquiat Made A Name For Himself In Art, But Not In Alcoholic Beverages
Jean-Michel Basquiat was a New York-based visual artist whose contributions to the neo-expressionism artistic movement led to his rise to fame in the 1980s. Although Basquiat passed away in 1988 at the age of 27, his vast body of work continues to be relevant and influential on modern-day art scenes. While the Basquiat name remains pertinent in art, its recognition apparently does not extend to all areas of commerce.
SCOTUS: Trademark Content Restrictions Are Not Getting Smaller As Supreme Court Holds TRUMP TOO SMALL Cannot Be Registered
The Supreme Court has recently made significant efforts to clarify how the Lanham Act and the First Amendment interact in the context of trademark law. For example, in 2017, the Court in Matal v. Tam, 582 U.S. 218 (2017), deemed the Lanham Act's bar on disparaging trademarks unconstitutional because it violated the First Amendment. In 2019, the Court in Iancu v.
TTAB Ruling Raises Foreign-Language Mark Questions
Veuve Clicquot Ponsardin is one of France's oldest champagne houses and one of the largest in the world. The champagne house was founded in 1772 by Phillipe Clicquot, a fabric merchant from Reims. After the unexpected death of Phillippe's son François in 1805, François' 27-year-old widow, Barbe Nicole Ponsardin Clicquot, took over the family business and sold its products under the name "Veuve Clicquot" — literally, "widow clicquot" in French.
S.D.Tex. Finds Tequila Marks CASA AZUL And CLASE AZUL Not Confusingly Similar
Casa Tradicion, which makes and distributes tequila under the brand name CLASE AZUL, brought a trademark infringement action against Casa Azul's use and registration of the mark CASA AZUL for its own brand of tequila.
TTAB Ruling Raises Foreign-Language Mark Questions
Veuve Clicquot Ponsardin is one of France's oldest champagne houses and one of the largest in the world. The champagne house was founded in 1772 by Phillipe Clicquot, a fabric merchant from Reims. After the unexpected death of Phillippe's son François in 1805, François' 27-year-old widow, Barbe Nicole Ponsardin Clicquot, took over the family business and sold its products under the name "Veuve Clicquot" — literally, "widow clicquot" in French.
S.D. Florida Says That
In 1970, singer Maurice White founded a musical group called Earth, Wind & Fire. The band's timeless and unmistakable songs, including the hits "September" and "Let's Groove," range in genre from R&B to disco to pop. Thanks to its sustained popularity, Earth, Wind & Fire has outlived even its founding member.
Lack Of FDA Approval For Uncle Bud Means No Bona Fide Intent To Use Medical CBD Goods In Legal Commerce
The Trademark Trial and Appeal Board affirmed the Trademark Office's refusal of CBH International LLC's application to register the composite word-and-design mark depicted above for CBD-based transdermal patches. Although CBH argued that its goods could be sold legally without going through the FDA approval process applicable to drugs, the TTAB disagreed, and therefore concluded that CBH lacked a bona fide intent to use its mark in legal commerce.
A Tale Of Widows And (Sparkling) Wine: TTAB Cancels VEUVE OLIVIER Registration For Likelihood Of Confusion With VEUVE CLICQUOT
MHCS brought an action at the Trademark Trial and Appeal Board (TTAB) seeking to cancel Les Grand Chais de France's registered mark VEUVE OLIVIER for "sparkling wines," arguing that it creates a likelihood of confusion with, and dilutes, MHCS's VEUVE CLICQUOT mark for "champagne." Although MHCS asserted numerous registrations in its petition for cancellation, all for champagne or sparkling wines—including VEUVE CLICQUOT PONSARDIN, VEUVE CLICQUOT, LA VEUVE ("the widow" in French), THE WIDOW,...
Winning The Battle But Not The War: Disclaimer Requirement Overturned, Section 2(d) Objection Upheld
Happs Place Barn and Grill is a local institution in Glenville, North Carolina. Honoring the town's long history, the owners, Ol Happ's Place Restaurant, LLC, resurrected an old, shuttered restaurant and crafted a new modern building from the bones of the former restaurant, along with an old house and a historic cabin and barn.
The Federal Circuit's Heartfelt Affirmation Of Everybody's Right To Use
On January 22, 2024, the Court of Appeals for the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (the "TTAB") to refuse registration of the phrase EVERYBODY VS RACISM in connection with merchandises and services promoting public awareness of the need for racial reconciliation.
Players Championship 2024 tee times, TV channel, live stream & more to watch Rounds 1-4 of PGA Tour event
The Players Championship celebrates its 50th year in 2024. Scottie Scheffler returns TPC Sawgrass to defend his Players Championship on the heels of a win in the Arnold Palmer Invitational. Scheffler, who shot -17 in 2023, looks to become the first back-to-back winner at the Players. He won't be the only former champion in the 144-golfer field. Rory McIlroy, Justin Thomas, Webb Simpson, Si-Woo Kim, Rickie Fowler and Matt Kuchar are all former winners who will also compete in the Players.
Players tee times: Past champions Scottie Scheffler, Rickie Fowler, Justin Thomas grouped
Viktor Hovland, Rory McIlroy and Jordan Spieth; Wyndham Clark, Collin Morikawa, Brian Harman are other feature groups Jacksonville Florida Times-Union The PGA Tour has created a power-packed lineup in the first two rounds of The Players Championship on Thursday and Friday: Five consecutive groups, teeing off in the afternoon in the first round and the morning in the second, will feature 15 players who have combined to win 10 major championships and three Players titles.
Players tee times: Past champions Scottie Scheffler, Rickie Fowler, Justin Thomas grouped
Viktor Hovland, Rory McIlroy and Jordan Spieth; Wyndham Clark, Collin Morikawa, Brian Harman are other feature groups Garry Smits Jacksonville Florida Times-Union The PGA Tour has created a power-packed lineup in the first two rounds of The Players Championship on Thursday and Friday: Five consecutive groups, teeing off in the afternoon in the first round and the morning in the second, will feature 15 players who have combined to win 10 major championships and three Players titles.
Players tee times: Past champions Scottie Scheffler, Rickie Fowler, Justin Thomas grouped
Viktor Hovland, Rory McIlroy and Jordan Spieth; Wyndham Clark, Collin Morikawa, Brian Harman are other feature groups Jacksonville Florida Times-Union The PGA Tour has created a power-packed lineup in the first two rounds of The Players Championship on Thursday and Friday: Five consecutive groups, teeing off in the afternoon in the first round and the morning in the second, will feature 15 players who have combined to win 10 major championships and three Players titles.
2024 Players Championship tee times, pairings: Complete field, groups, schedule for Round 1 at TPC Sawgrass
2024 Players Championship tee times, pairings: Complete field, groups, schedule for Round 1 at TPC Sawgrass The best of the best on the PGA Tour gather this week for the 2024 Players Championship at TPC Sawgrass. With the feel but not the label of a major, The Players Championship will experience its 50th playing while welcoming back past champions like Scottie Scheffler, Rory McIlroy, Justin Thomas and Rickie Fowler.
E.D. Pa. Delivers Summary Judgment Victory In Row Over Meta Tags
In today's ever-evolving online world, the intersection between trademark infringement and the use of trademarks as meta tags is an issue receiving more and more attention. In a drawn-out dispute spanning more than five years , the United States District Court for the Eastern District of Pennsylvania in Penn Engineering & Manufacturing Corp. v. Peninsula Components, Inc. added its opinion on the topic.
Parody Sneaker Afforded No First Amendment Protection Against Vans' Trademark Infringement Claims
Courts typically analyze trademark infringement claims under the Lanham Act's likelihood of confusion test. This traditional test, however, is applied more narrowly when an allegedly infringing product is a work of artistic expression. In those cases, courts apply heightened scrutiny to claims of infringement under a threshold First Amendment filter, such as the Rogers v. Grimaldi test.
Fitness Franchise Hamstrings Naked Licensing Defense on Summary Judgment
Licensing trademarks to franchisees can be a valuable and successful business model—think McDonald’s, Papa John’s, Dunkin’, Orangetheory—but it also comes with some risks. One of those risks is naked licensing, which occurs when a licensor (or franchisor) fails to adequately control the nature and quality of the goods or services sold by the licensee (or franchisee).
Judge Tells Jade Singer To
Co-ownership of trademarks is rare. Some courts have even gone so far to say co-ownership is disfavored. But co-ownership disputes do occasionally reach the courts, most recently in Reed v. Marshall, which involved band members arguing over the use of the band's co-owned name. The dispute here involved the 1990's R&B group Jade and use of the "Jade" name by some of those members without the permission of others.
Judge Tells Jade Singer to “Walk Away” from Federal Trademark Suit
Co-ownership of trademarks is rare. Some courts have even gone so far to say co-ownership is disfavored. But co-ownership disputes do occasionally reach the courts, most recently in Reed v. Marshall, which involved band members arguing over the use of the band’s co-owned name. The dispute here involved the 1990’s R&B group Jade and use of the “Jade” name by some of those members without the permission of others.
Vans Skates Past Summary Judgment Challenge To The Validity Of Its Shoe Trade Dress
Shoes come in many shapes and styles—running shoes, dress shoes, work boots, high heels, and (relevant here) skate shoes, to name a few. The designs of these shoes are virtually limitless, and if a shoe has a sufficiently distinctive and unique design, that design may qualify for trade dress protection.
Seventh Circuit Refuses To Serve Up Preliminary Injunction Against Grubhub
The U.S. Court of Appeals for the Seventh Circuit delivered an early victory to Grubhub Inc. and Takeaway.com Central Core V.B. ("Grubhub") by denying Relish Labs LLC's and The Kroger Co.'s ("Home Chef") request for a preliminary injunction against Grubhub's alleged trademark infringement. Although Home Chef convinced a magistrate judge it was likely to succeed on the merits, the district court disagreed and rejected the magistrate's recommendation.
Seventh Circuit Refuses to Serve Up Preliminary Injunction Against Grubhub
The U.S. Court of Appeals for the Seventh Circuit delivered an early victory to Grubhub Inc. and Takeaway.com Central Core V.B. (“Grubhub”) by denying Relish Labs LLC’s and The Kroger Co.’s (“Home Chef”) request for a preliminary injunction against Grubhub’s alleged trademark infringement. Although Home Chef convinced a magistrate judge it was likely to succeed on the merits, the district court disagreed and rejected the magistrate’s recommendation.
FTC Reminds Businesses That
The FTC took action against three New England-based clothing accessories companies (Chaucer Accessories and related entities) and their owner, Thomas Bates, for falsely claiming that their products were "Made in USA," "Hand Crafted in USA," or "Made in USA with Global Materials," when in fact the products were barely assembled in the United States or contained materials from foreign countries.
Southern District Of Texas Says Yes To Trade Dress For Dressing Rooms - - United States
Most people think of trademarks as words or logos. But trademark protection can be far more expansive. For instance, when one business copies another's distinctive interior design, the injured party can seek relief by claiming trade dress infringement. That's exactly what Pengu—a Houston-area swim school—did when it sued Blue Legend—another swim school with two locations in Texas, one near Houston—claiming that Blue Legend infringed the distinctive look and feel of Pengu's school.
Southern District of Texas says yes to trade dress for dressing rooms
Most people think of trademarks as words or logos. But trademark protection can be far more expansive. For instance, when one business copies another’s distinctive interior design, the injured party can seek relief by claiming trade dress infringement. That’s exactly what Pengu—a Houston-area swim school—did when it sued Blue Legend—another swim school with two locations in Texas, one near Houston—claiming that Blue Legend infringed the distinctive look and feel of Pengu’s school.
Procedural Mischief And Intentional Copying Lead To Summary Judgment In Trademark Battle Between Social Clubs
A defendant opposing a motion for summary judgment in a trademark case often repeats the refrain that issues of likelihood of confusion and dilution are riddled with issues of fact reserved for a jury.
Embedding And The
United States: Embedding And The "Server Test" Survive In The Ninth Circuit…For Now 25 August 2023 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP To print this article, all you need is to be registered or login on Mondaq.com. The Ninth Circuit has ruled that its "server test" allows for copyrighted content to be embedded on another's website without violating U.S. copyright law, the copyright owner's public display right in particular. 17 U.S.C. § 106(5). Why?
Embedding and the “Server Test” Survive in the Ninth Circuit…For Now
The Ninth Circuit has ruled that its “server test” allows for copyrighted content to be embedded on another’s website without violating U.S. copyright law, the copyright owner’s public display right in particular. 17 U.S.C. § 106(5). Why? Because embedding does not involve storing the copyrighted content on the website owner’s computer or server, it merely provides instructions to a web browser to show content stored on the host website.
SCOTUS Vacates Hetronic's $96 Million Win, Holding Lanham Act Cabined To Domestic Use In Commerce
Following closely on the heels of the Supreme Court's most recent trademark decision in the Jack Daniel's case, the Court delivered yet another landmark trademark decision. While not as whimsical as the dog toys at issue in Jack Daniel's, the Supreme Court in Abitron Austria GmbH v. Hetronic International, Inc.
OSN Column: Who Had The Most Disappointing Season, The Los Angeles Lakers Or The Portland Trail Blazers?
(AP Photo/Steve Dipaola) By: Patrick Rodgers/Oregon Sports News Going into the 2021-2022 NBA season, the Lakers were the second-highest favored team (+425) to win the title, only behind the Brooklyn Nets.
OSN Column: Which Guards Should The Portland Trail Blazers Retain?
Jan 26, 2022 @ 12:15pm (AP Photo/Michael Dwyer) By: Patrick Rodgers/Oregon Sports News The trade deadline is looming, and the Portland Trail Blazers are in an awkward spot. We covered if they should tank last week, but it’s clear the logjam is here at the guard position. It’s become evident that the Trail Blazers, at full strength, have four starting level guards in Damian Lillard, CJ McCollum, Norman Powell, and Anfernee Simons. Who should the Blazers keep on the roster?
CARU's Revised Guidelines For Children's Advertising: What They Mean For Marketers
To print this article, all you need is to be registered or login on Mondaq.com. Young children comprise one of the most vulnerable demographics when it comes to advertising. In an effort to shield young children from misleading, deceptive, and inappropriate advertising, the National Advertising Review Council established the Children's Advertising Review Unit ("CARU") in 1974 as a self-regulatory program designed to promote responsible children's advertising.
OSN Column: Why Are The Portland Trail Blazers Struggling On The Road?
AP Photo/David Zalubowski By: Patrick Rodgers/Oregon Sports News The Portland Trail Blazers have an intriguing record at 7-8 this year. They seem to love being at home, winning six in a row after dropping the first game to the Kings. They do get homesick, though, going 1-7 away from the Moda Center. We all hear about home-court advantage. This may be true, especially with the loyal and passionate fans that the Trail Blazers have, but let’s dive into some specifics.
The Supreme Court Ruling in Booking.com Case Will Significantly Influence the Future of Generic-Dot-Com Trademarks
Tuesday, July 27, 2021 On June 30, 2020, the Supreme Court of the United States (SCOTUS) ruled in favor of Booking.com in their long-running dispute with the United States Patent and Trademark Office (USPTO), rejecting the agency’s claim that any generic term combined with a generic top-level domain (“.com,” etc.) is automatically ineligible for registration.
TTAB Trims Monster's Claws By Dismissing Opposition Against Toronto Raptors Logo
To print this article, all you need is to be registered or login on Mondaq.com. Who would win in a fight: a monster or a dinosaur? According to the Trademark Trial and Appeal Board ("TTAB"), neither. In a recent clash between, on the one hand, energy drink juggernaut Monster Energy Company ("Monster") and, on the other hand, Maple Leaf Sports & Entertainment ("Maple Leaf")—the proprietor of the Toronto Raptors NBA team—and NBA Properties, Inc.
TTAB Trims Monster’s Claws by Dismissing Opposition Against Toronto Raptors Logo
Tuesday, June 29, 2021 Who would win in a fight: a monster or a dinosaur? According to the Trademark Trial and Appeal Board (“TTAB”), neither. In a recent clash between, on the one hand, energy drink juggernaut Monster Energy Company (“Monster”) and, on the other hand, Maple Leaf Sports & Entertainment (“Maple Leaf”)—the proprietor of the Toronto Raptors NBA team—and NBA Properties, Inc.
Managing Change and Preparing for New Technology
Improving your law firm in an increasingly competitive landscape often rests on technological upgrades for increasing capacity. This could be an attempt to increase efficiency, decrease costs or reduce repetitive administrative tasks. But adopting and implementing new technology, along with the associated operational changes, is never easy work. When your team is time-constrained or worried about the prospects of learning a new platform, it can be hard to get everyone on board.
What 11th Circ. Guitar Ruling Means For Copyright Litigants
From the world of heavy metal rock-and-roll comes an important lesson for both putative copyright owners and accused infringers. If the accused infringer believes that the putative owner does not actually own the rights in the asserted copyright, it must speak up and repudiate ownership. Once that happens, the accuser must act within three years. If it doesn't, its claim is barred.
What 11th Circ. Guitar Ruling Means For Copyright Litigants
Law360 (September 1, 2020, 1:41 PM EDT) -- From the world of heavy metal rock-and-roll comes an important lesson for both putative copyright owners and accused infringers. If the accused infringer believes that the putative owner does not actually own the rights in the asserted copyright, it must speak up and repudiate ownership. Once that happens, the accuser must act within three years. If it doesn't, its claim is barred.
Copyright Win Falls Apart At The Seams On Challenge To Registration Validity
To print this article, all you need is to be registered or login on Mondaq.com. In a recent showdown between fashion designer Unicolors, Inc. and clothing retailer H&M, the Ninth Circuit reversed a finding that H&M infringed one of Unicolors' fabric designs, addressing three important tenets of copyright registration in the process. First, to invalidate a copyright registration, there is no requirement that the registrant had an intent to defraud the Copyright Office.
2020 RBC Heritage tee times, viewer's guide
Last week’s PGA Tour event was fun. Let’s do it again. This week, we will see another loaded field travel to the Hilton Head Island in South Carolina for the RBC Heritage. The five best golfers in the world will all be playing at the Harbour Town Golf Links, after participating in the Charles Schwab Challenge.
Seventh Circuit: Anheuser-Busch's
To print this article, all you need is to be registered or login on Mondaq.com. If you like beer advertisements with not-so-subtle jabs at competitors, then you will like the Seventh Circuit's recent decision in Molson Coors Beverage Co. USA, LLC v. Anheuser-Busch Cos., LLC.
In A Bittersweet Victory, Second Circuit Affirms $6.75 Million In Damages To Artists For Destruction Of Graffiti Art
To print this article, all you need is to be registered or login on Mondaq.com. In a rare decision interpreting the Visual Artist Rights Act ("VARA"), the Second Circuit affirmed an award of $6.75 million in statutory damages to several graffiti artists whose work was destroyed in "pure pique and revenge" by the owner of the building on which the work appeared. Passed in 1990, VARA amended the Copyright Act to recognize limited "moral rights" for certain types of visual art artists.
Lombard Street | Crookedest Street | San Francisco, CA
Known as the “Crookedest Street in the World,” Lombard Street is one of San Francisco’s most popular landmarks. Every year, millions of visitors walk or drive down its eight sharp hairpin turns. Surrounded by Russian Hill mansions and perfectly manicured landscaping and flowers, it is also one of the city’s most scenic streets. Take a spectacular photo at the bottom looking up or enjoy the breathtaking view from the top looking out onto the San Francisco Bay, the Bay Bridge and Coit Tower.
Nirvana Smiling As Motion To Dismiss Its Copyright And Trademark Claims Is Denied
Registration (please scroll down to set your data preferences) Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaqs use of your personal data can be found in our Privacy and Cookies Notice): To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
Liquid chromatography with tandem mass spectrometry method for trace level analysis of migrated secondary alkanesulfonate from poly(tetramethylene terephthalate) into food simulants
RESEARCH ARTICLE Rajesh Vade Nath Corresponding Author E-mail address: https://orcid.org/0000-0001-5919-8443 Analytical Technology, SABIC Technology Center, Bengaluru, India Correspondence Mr. Rajesh Vade Nath, Analytical Technology, SABIC Technology Center, Plot No. 81 to 85, Chikkadunnasandra Village, Anekal: Taluk, Off Sarjapura‐Attibele State Highway, Bengaluru‐562125, Karnataka, India.
2018 Fort Worth Invitational tee times, viewer's guide
The PGA Tour remains in Texas this week for the Fort Worth Invitational, which will be held at Colonial Country Club in Fort Worth for a 73rd time. It's one of just five tournaments on the schedule that has invitational status, featuring a smaller field of players who qualify based on a number of criteria, including the "Champion's Choices", which are two players selected by the current and former winners of the event.
2018 Arnold Palmer Invitational tee times, viewer's guide
The PGA Tour makes its second-to-last stop of the season in Florida this week for the Arnold Palmer Invitational, held at Bay Hill Club & Lodge in Orlando. Tiger Woods is back in action for a second straight week, making his first start at Bay Hill since 2013, when he won the event for a remarkable eighth time. The combination of that past history and a strong showing at the Valspar Championship has made Woods an overwhelming favorite to win the tournament for a ninth time .
2018 Arnold Palmer Invitational tee times, viewer's guide
The PGA Tour makes its second-to-last stop of the season in Florida this week for the Arnold Palmer Invitational, held at Bay Hill Club & Lodge in Orlando. Tiger Woods is back in action for a second straight week, making his first start at Bay Hill since 2013, when he won the event for a remarkable eighth time. The combination of that past history and a strong showing at the Valspar Championship has made Woods an overwhelming favorite to win the tournament for a ninth time.
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